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Legal Definitions

Malta

Violence, Justice

Intimate Partner Violence

In Malta, "domestic violence" means: any act of violence, even if only verbal, perpetrated by a household member upon another household member and includes any omission which causes physical or moral harm to the other.

Observations

"Household member" includes: (i) persons married or formerly married to eachother; (ii) persons living in the same household as theoffender or who had lived with the offenderwithin a period of one year preceding theoffence; (iii) persons whose marriage has been dissolved ordeclared null; (iv) parents and their children; (v) other adults sharing the same household; (vi) persons who are, or have been, formally orinformally engaged with a view to get married; (vii) persons who are related to each other either byconsanguinity or affinity up to the third degreeinclusively; (viii) persons having or having had a child incommon; (ix) the child conceived but yet unborn of any one of the persons mentioned in paragraphs (i) to (viii).

Legal Source:

Domestic Violence Act,Chapter 481

Legal provisions on protection orders:

Criminal Code, Article 412c

Malta

Violence, Justice

Rape

Whosoever shall, by violence, have carnal knowledge of a person of either sex, shall, on conviction, be liable to imprisonment for a term from three to nine years, with or without solitary confinement.

Legal Source:

Criminal Code, Article 198

Legal provisions on protection orders:

Criminal Code, Article 412C

Malta

Violence, Justice

Sexual Assault (excl. rape)

Whosoever shall be guilty of any violent indecent assault which does not, in itself, constitute any of the crimes, either completed or attempted, referred to in the preceding articles of this subtitle, shall, on conviction, be liable to imprisonment for a term from three months to one year.

Observations

Special circumstance: in the cases referred to in article 202, the punishment shall be increased by one degree.

Legal Source:

Criminal Code, Section 207

Legal provisions on protection orders:

Criminal Code, Section 412C

Malta

Violence, Justice

Sexual Harassment

Chapter 456

(1) Without prejudice to the provisions of article 29 of the Employment and Industrial Relations Act, it shall be unlawful forany person to sexually harass other persons, that is to say: (a) to subject other persons to an act of physical intimacy;or (b) to request sexual favours from other persons; or (c) to subject other persons to any act or conduct withsexual connotations, including spoken words, gesturesor the production, display or circulation of any writtenwords, pictures or other material, where the act, wordsor conduct is unwelcome to the persons to whom theyare directed and could reasonably be regarded as offensive, humiliating or intimidating to the persons to whom they are directed; or (d) the persons so subjected or requested are treated less favourably by reason of such persons’ rejection of or submission to such subjection or request, it could reasonably be anticipated that such persons would be so treated.

(2) (a) Persons responsible for any work place, educational establishment or entity providing vocational training or guidance or for any establishment at which goods,services or accommodation facilities are offered to the public, shall not permit other persons who have a right to be present in, or to avail themselves of any facility, goods or service provided at that place, to suffer sexual harassment at that place. (b) It shall be a defence for persons responsible as aforesaid to prove that they took such steps as are reasonably practicable to prevent such sexual harassment.

(3) Persons who sexually harass other persons shall be guilty of an offence against this article and shall, without prejudice to anygreater liability under any other law, be liable on conviction to a fine (multa) of not more than two thousand and three hundred andtwenty-nine euro and thirty-seven cents (2,329.37) or to imprisonment of not more than six months or to both such fine and imprisonment.

Chapter 452, Article 29.

(1) It shall not be lawful for an employer or an employee to harass another employee or to harass the employer by subjecting such person to any unwelcome act, request or conduct, includingspoken words, gestures or the production, display or circulation ofwritten words, pictures or other material, which in respect of thatperson is based on sexual discrimination and which couldreasonably be regarded as offensive, humiliating or intimidating tosuch person.

(2) It shall not be lawful for an employer or an employee tosexually harass another employee or the employer (hereinafter inthis article referred to as "the victim") by: (a) subjecting the victim to an act of physical intimacy; or (b) requesting sexual favours from the victim; or (c) subjecting the victim to any act or conduct with sexualconnotations, including spoken words, gestures or theproduction, display or circulation of written words,pictures or other material where -(i) the act, request or conduct is unwelcome to thevictim and could reasonably be regarded asoffensive, humiliating or intimidating to thevictim; (ii) the victim is treated differently, or it could reasonably be anticipated that the victim couldbe so treated, by reason of the victim’s rejection of or submission to the act, request or conduct.

Chapter 9251A

(1) A person who pursues a course of conduct: (a) which amounts to harassment of another person, and(b) which he knows or ought to know amounts to harassment of such other person, shall be guilty of an offence under this article.